The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...as, before any objection had been made on that or any other ground, the defendant goes with the intention and for the direct purpose of obtaining a renewal for himself and his son exclusively. He makes the application to Murray, who says, the proposal was for a renewal for the benefit of the defendants, expressly excluding the plaintiff, with whom it was represented that George Fenwick was determined to have no further connection in trade; and though it may be true, that Wilkinson afterwards said, he would not have 'granted a lease to the defendants jointly with the plaintiff, that declaration had become quite unnecessary by the resolution previously expressed by the defendant, not to take a lease jointly with him. This clandestine conduct was very unfair towards the plaintiff. The defendants had not intimated to him that they would not have any further connection with him, and that they intended to apply for a lease on their ovn account. They ought first to have given him notice, and to have placed him on equal terms with them; and then, if Mr. Wilkinson had thought proper to give them the preference, the case might admit of a different consideration " (1). Now, the mode in which that seems to me to apply to this case is this: it was not fair nor right--it was clandestine, I must say, on the part of Mr. Vaughan, to secure the ear, if I may say so, of those parties having the controlling power, as making up with himself two thirds of the partnership, and by a representation of his case, and for his own purposes, --for his own object alone, --to get them, by the threat of removing himself from the partnership, to sign this document, without the slightest communication to Mr. Blisset. He had no right to acquire the advantage which...show more